The Board has remanded the case due to a need for additional development regarding the Veteran's claim of service connection for a respiratory disorder, including asbestosis and/or COPD, which may be related to exposure to asbestos and/or herbicides. The focus is on determining if the Veteran was exposed to herbicides during his service aboard the USS Kitty Hawk.
The deciding factor: The Board notes that the Blue Water Navy Vietnam Veterans Act 2019 extended the presumption of herbicide exposure to certain Veterans who served in the offshore waters of Vietnam, including the Veteran's service aboard the USS Kitty Hawk. The case is now remanded for further development and an addendum medical opinion regarding the relationship between the Veteran’s COPD and his herbicide exposure.
- Claimed conditions
- respiratory disorder, asbestosis, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Not specified
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20007489
Veterans Law Judge
Decisions by this judge: 1,828 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20007489.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Dismissed
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- Denied
The Board denied service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance from another person, warranting special monthly compensation (SMC) based on aid and attendance.
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